Anderson v. Grocers Supply Co., Inc.

1 Citing case

  1. Sear v. Cadillac Automobile Co.

    501 F. Supp. 1350 (D. Mass. 1980)   Cited 5 times
    In Sear v. Cadillac Automobile Co. of Boston, 501 F. Supp. 1350, 1360 (D.Mass. 1980), the court ruled that a union's bad faith failure to appeal a fairly conducted arbitration is not a breach of the duty of fair representation.

    For reasons more fully explained below, we find the finality clause of this contract bars the employees' suit against the Company because the Union's alleged breach of its DFR-a bad faith failure to appeal the arbitrator's untainted award-does not "seriously undermine the integrity of the abritral process." Hines v. Anchor Motor Freight, Inc., 424 U.S. 554, 567, 96 S.Ct. 1048, 1057, 47 L.Ed.2d 231 (1976); see Anderson v. Grocers Supply Co., S.D.Tex., 1979, 483 F. Supp. 73, 77. As a corollary, we hold that as a matter of law, the Union's failure to appeal from a fairly conducted arbitration hearing is not a breach of its duty of fair representation.